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STATE v. CHAMLEY

No. 19545.

568 N.W.2d 607 (1997)

1997 SD 107

STATE of South Dakota, Plaintiff and Appellee, v. Gene CHAMLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Michele K. Bennett, Assistant Attorney General, Pierre, for plaintiff and appellee.

Mark E. Deboer, Office of the Public Defender, Rapid City, for defendant and appellant.

VONWALD, Circuit Judge.

[¶ 1] Chamley appeals his conviction on one count of first degree rape, two counts of sexual contact with a child under sixteen and one count of indecent exposure. We reverse and remand for a new trial.

FACTS

[¶ 2.] On September 1, 1995, K.J. and her eight-year-old daughter, W.W., planned to invite some of W.W.'s friends to spend the night at their home. The children who eventually spent the night were S.Y., who...

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